Walter C Phillips

UNITED S TATES B ANKRUPTCY COURT
FOR T HE E ASTERN DISTRICT O F PENNSYLVANIA
In re 	: 	Chapter 11
:
WALTER C. PHILLIPS, 	: 	Bankruptcy No. 05-14738DWS
:
Debtor. 	:
ORDER
AND NOW, this 26th day of April 2005, this Court having entered an order on
April 11, 2005 (the “Order”) for Walter Phillips (“Phillips”) to show cause at a hearing
scheduled for April 25, 2005 (1) whether this bankruptcy case, his fourth, was filed in good
faith and with a valid bankruptcy purpose and (2) what was the role of Florence-Elizabeth
Mason (“Mason”) who signed documents as his authorized representative;
And the Order further providing that the failure of Phillips to appear shall be cause
for dismissal of this case with prejudice;
And the Order also denying the application to pay a $839.00 filing fee in installments
(the “Application”) as having been signed by Mason, not Phillips and requiring the full
fee by April 25, 2005 or the case would be dismissed;
And no fee having being paid;
And an unidentified man appearing in my courtroom on April 25, 2005 and trying
to hand up a document during the course of other proceedings and not identifying his
business;
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In re Walter C. Phillips - Bankruptcy No. 05-14738DWS
1 Mason has filed six petitions in her own name. While I know of two filed for third parties,
there may be others of which I am unaware.
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And the man apparently advising court staff that he had to go to work and needed a
continuance but leaving the documents on a bench in the courtroom;
And the documents being a “Motion to Dismiss Chapter 11 Bankruptcy Case Without
Prejudice to Obtain Relief on Prior Filing of Appeal in Superior Court” and (2) “Notice of
Removal of Case to Superior Court,” both of which were filed in the after hours box at the
District Court on April 24, 2005;
And the documents while bearing the caption of Phillips’ case were filed on behalf
of the non-debtor Mason and signed by her and were replete with “we the people, holder in
due course” jargon and incomprehensible legal positions;
And Mason, having been previously prohibited from filing cases on behalf of third
parties by my Order dated June 16, 2004 in Bankruptcy case 04-17956 (attached and
incorporated herein) and being advised that continued reservations attached to her oath will
result in the dismissal of any petition and a bar against filing without leave of court; 1
And the failure of Phillips to appear before the Court but rather leaving a copy of
the aforementioned documents she prepared indicates that he has joined with her in what
appears to be another bad faith filing;
And as Phillips did not appear before the court and was not excused from appearing;
And as he apparently wishes to dismiss his Chapter 11 case as to which he is in
default of the fee requirement;
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In re Walter C. Phillips - Bankruptcy No. 05-14738DWS
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It is hereby ORDERED that the request for dismissal of the Chapter 11 case is
GRANTED except that such dismissal is not without prejudice. Walter Phillips may not file
another bankruptcy case in this Court without prior leave of the Court;
And it is further ORDERED that as Mason who has previously been advised
that she is not permitted to file bankruptcy cases as the attorney in fact or authorized
representative of third parties has done so again, the Clerk shall not docket any petition that
bears her signature or name but rather shall refer such document to me for disposition;
And it finally is ORDERED that the document styled “Notice of Removal to
Superior Court” is stricken from the record and without legal effect as a bankruptcy case
cannot be removed to the Superior Court of Pennsylvania which has no jurisdiction over
such matters, 28 U.S.C. § 1334(a).
DIANE WEISS SIGMUND
Chief U.S. Bankruptcy Judge
cc: Judge Thomas M. Twardowski
Judge Bruce I. Fox
Judge Stephen Raslavich
Judge Kevin J. Carey
Walter Stoertz, Acting Clerk
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In re Walter C. Phillips - Bankruptcy No. 05-14738DWS
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Copies to:
Walter C. Phillips
1236 Tyler Street
Norristown, PA 19401
Florence-Elizabeth: Mason
1634 South Yewdall Street
Philadelphia, PA 19143
William C. Miller, Esquire
Standing Chapter 13 Trustee
P. O. Box 40119
Philadelphia, PA 19106-0119
Dave P. Adams, Esquire
Office of the U.S. Trustee
833 Chestnut Street, Suite 500
Philadelphia, PA 19107
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In re Walter C. Phillips - Bankruptcy No. 05-14738DWS
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ATTACHMENT
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UNITED S TATES B ANKRUPTCY COURT
FOR T HE E ASTERN DISTRICT O F PENNSYLVANIA
In re 	: 	Chapter 11
:
WALTER C. PHILLIPS, 	: 	Bankruptcy No. 05-14738DWS
:
Debtor. 	:
ORDER
AND NOW, this 11th day of April 2005, it appearing that Walter C. Phillips
(“Phillips”) has filed a petition under Chapter 11 on April 5, 2005;
And the Court finding that (1) this is the 4 th bankruptcy case filed by Phillips; (2) the
petition fails to disclose all prior cases; (3) the petition is signed “Walter E. Phillips by
approx.” as individual debtor and “Florence-Elizabeth Mason authorized representative”
under corporation/partnership debtor; (4) a form Declaration under Penalty of Perjury on
Behalf of a Corporation or Partnership is submitted and signed by Mason as “Authorized
Rep for Debtor;” (5) an application to pay the filing fee in installments is affixed with the
printed name Walter C. Phillips and signed by Mason as attorney in fact;
And this Court having previously entered Orders in Bankruptcy No. 04-17956 in
which Mason had filed a bankruptcy case as attorney in fact for Eva and Winifred Highsmith
wherein the case was dismissed because she filed it as attorney in fact for a third party;
It is hereby ORDERED that Phillips shall show cause at a hearing to be held on
April 25, 2005 at 9:30 a.m. in the Robert N.C. Nix, Sr. Federal Courthouse, 2nd floor,
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In re Walter C. Phillips - Bankruptcy No. 05-14738DWS
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900 Market Street, Courtroom #3, Philadelphia, PA as to whether he has signed the petition
and installment fee application in this case, whether the case was filed in good faith and with
a valid bankruptcy purpose and what was the role of Mason in these filings. 	Failure to
appear will be cause for dismissal of the case with prejudice. 	Phillips may not be
represented by Mason who has no standing to appear in this matter;
And it is further ORDERED that the Application to Pay the Filing Fee in
Installments is DENIED as not signed by Phillips. All fees shall be paid by April 25, 2005
or the case will be dismissed.
DIANE WEISS SIGMUND
Chief U.S. Bankruptcy Judge
Copies to:
Walter C. Phillips
1236 Tyler Street
Norristown, PA 19401
Dave P. Adams, Esquire
Office of the U.S. Trustee
833 Chestnut Street, Suite 500
Philadelphia, PA 19107
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